2 March 2016
Quick Links
HOUSING LAW NEWS & POLICY ISSUES
Rough sleeping in England
The DCLG has published its sixth annual statistical release evaluating the extent of rough sleeping in England. The autumn 2015 total of rough sleeping counts and estimates is 3,569. This is up 825 (30%) from the autumn 2014 total of 2,744. London had 940 rough sleepers in autumn 2015, which is 26% of the national figure, down from 27% in autumn 2014. The number of rough sleepers has increased by 27% in London and 31% in the rest of England since autumn 2014. For the statistical release, click here For coverage in the Guardian, click here in Inside Housing click here and on BBC News website, click here For the Local Government Association response, click here For a response from Homelessness Link, click here

Homelessness
A new study from the University of California San Francisco shows that homeless people in their fifties have more geriatric conditions than those living in homes who are decades older. For more details of the study, click here

Courts (1)
The Senior President of Tribunals has published his annual report for 2016. It includes coverage of the Lands Chamber of the Upper Tribunal and the Property Chamber of the First-tier Tribunal. The President of the latter Chamber notes that there is a real need for ADR in property and landlord and tenant cases. For the report, click here

Courts (2)
HM Courts & Tribunals Service has published a new edition of the Chancery Guide which contains important procedural and practical information relating to litigation in the Chancery Division in the Rolls Building in London. Click here for the new Guide and click here for the Chancellor’s statement on the new Guide.

Housing Benefit
For the comprehensive collection of updated Housing Benefit adjudication circulars published by the Department for Work and Pensions in 2016 and providing advice, guidance and information on Housing Benefit to local authority staff, click here

‘Spare room subsidy’
On 29 February 2016 the Supreme Court began hearing the appeal by the Secretary of State for Work and Pensions against the judgment of the Court of Appeal in conjoined appeals that it had been unlawful to remove part of their respective means tested benefits under Regulation B13 of the Housing Benefit Regulations. The hearing is expected to last until 2 March 2016. For details of the appeals (including links to the Court of Appeal’s judgment), click here and here For media commentary click here

Housing Benefit – Northern Ireland
The Benefit Cap (Housing Benefit) Regulations (Northern Ireland) 2016 were laid before Parliament on 29 February 2016 and come into force on 31 May 2016. The Regulations amend the Housing Benefit Regulations (Northern Ireland) 2006 to make provision for a cap on the total amount of welfare benefits to which a person is entitled. They also make consequential amendments to the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001. For the statutory instrument, click here

Cost of private renting
The Office for National Statistics has published the latest Index of Private Housing Rental Prices relating to January 2016 (the index was formerly available on a quarterly basis). Private rental prices paid by tenants in Great Britain rose by 2.6% in the 12 months to January 2016, up from 2.5% in the year to December 2015. Private rental prices grew by 2.7% in England, 0.3% in Wales and 0.8% in Scotland in the 12 months to January 2016. Rental prices increased in all the English regions over the year to January 2016, with rental prices increasing the most in London (3.9%). For the index, click here

Housing– Wales
The Welsh Government has published the February 2016 edition of Homes for Wales Bulletin, the last before the National Assembly election. The bulletin details key developments in recent months in the areas of: housing supply, housing quality, legislation, improving the private rented sector and preventing homelessness. To read the bulletin, click here

Letting agents in Scotland
The Letting Agent Code of Practice (Scotland) Regulations 2016, which were made on 25 February 2016 but do not come into force until 31 January 2018, will bring into force the Letting Agent Code of Practice set out in the Schedule. It makes provision about (a) the standards of practice of persons who carry out letting agency work; (b) the handling of tenants’ and landlords’ money by those persons; and (c) the professional indemnity arrangements to be kept in place by those persons. For the statutory instrument, click here

ARE YOU RECRUITING?

If so, make sure your recruitment opportunities come to the attention of outstanding candidates – FREE

Take advantage of the Housing Law Week free Recruitment service.
Email details of your vacancies (including the closing date for applications) to info@limelegal.co.uk  
or call us on 01249 701555.

HOUSING LAWS IN THE PIPELINE

Housing and Planning Bill
This is a UK Government Bill about social and private rented housing, rogue landlords, estate agents, planning and compulsory purchase. It has completed all its House of Commons stages and is now passing through the House of Lords. The Bill entered Committee on 9 February 2016. For a copy of the Bill as presented in the Lords, click here For the Explanatory Notes, click here For the official Impact Assessment of the Bill, click here To follow the progress of the Bill, click here . To read the debates at all stages of the Bill, click here. For the House of Lords Library research briefing on the Bill, click here For a comment from the National Federation of ALMOs calling for changes to the provisions in the Bill relating to HMRC data sharing (and relevant to ‘Pay to Stay’ proposals), click here For a letter to The Guardian, signed by more than 70 academics, objecting to the proposals in the Bill, click here

Welfare Reform and Work Bill
This UK Government Bill makes provision about: the benefit cap; social security and tax credits; loans for mortgage interest; and social housing rents. It has completed all its House of Commons stages and has progressed through the House of Lords. The third reading took place on 9 February 2016. The amendments made to the Bill in the House of Lords have been considered by the Commons under the ‘ping pong’ procedure. For the Commons disagreements and amendment in lieu, click here For the Bill, as amended on Report, click here For the Explanatory Notes for that version of the Bill, click here To follow the progress of the Bill, click here. For the documents relating to the Bill (including several impact assessments), click here For the debates at all stages of the passage of the Bill, click here For a House of Commons Library briefing published in advance of the Commons’ consideration of the Lords’ amendments, click here

Immigration Bill
This UK Government Bill would create four new offences to target those landlords and agents who repeatedly fail to comply with the ‘right-to-rent scheme’ by letting to tenants subject to immigration restrictions or who fail to evict tenants who they know or have reasonable cause to believe are disqualified from renting as a result of their immigration status. The Bill has completed its House of Commons stages and has now moved into the House of Lords and has entered Committee. For minutes of proceedings of Committee on 9 February, click here The report stage is scheduled for 9 March 2016. For a copy of the Bill as amended in Committee, click here For the Explanatory Notes for the Bill as it entered the Lords, click here For the official Impact Assessment, click here For the debates at all stages of the passage of the Bill, click here To follow the progress of the Bill, click here

Private Housing (Tenancies) (Scotland) Bill 2015
This is a Government Bill introduced in the Scottish Parliament on 7 October 2015. For a copy of the Bill, the Explanatory Notes and related official documents, and to follow the progress of the Bill, click here For the final Business and Regulatory Impact Assessment on the Bill, click here For the Children’s Rights and Wellbeing Impact Assessment on the Bill, click here For the final Equality Impact Assessment for the Bill, click here For the Briefing on the Bill produced by the Scottish Parliament Information Centre, click here The Bill completed Stage 1 on 22 January 2016. For a report on the debate, click here Committee consideration of the Bill at Stage 2 has taken place during February 2016, with the Stage 3 Debate expected to take place mid-March 2016. For the Bill as amended at Stage 2, click here For the evidence submitted to that Committee by the Chartered Institute of Housing (Scotland), click here

Housing (Amendment) Bill
This is a Bill introduced in the Assembly by the Northern Ireland Executive. It would make provision for the better sharing of information relating to empty homes or to anti-social behaviour and provide for the registration of certain loans as statutory charges. For a copy of the Bill, click here For the explanatory memorandum (listed under ‘All associated documents and links’), click here For a commentary on the Bill, click here The Bill completed the Further Consideration Stage on 15 February. For an official report of the Further Consideration Stage, click here The Bill passed the Final Stage on 23 February. To read a report of proceedings (commencing at 3.30 pm), click here To follow progress of the Bill, click here

Houses in Multiple Occupation Bill
This is a Bill introduced in the Assembly by the Northern Ireland Executive. It would make provision for and in connection with the licensing of houses in multiple occupation in Northern Ireland. For a copy of the Bill(as introduced), click here For the explanatory memorandum, click here To follow the progress of the Bill, click here A Second Stage debate took place in the Assembly on 7 December 2015. For the record of that debate, click here The Bill has completed the Committee Stage. For a report of the Committee, click here For an executive summary of the report, click here The Consideration Stage took place on 23 February. For a report of proceedings (commencing just before 11.30 am), click here

Homes (Fitness for Human Habitation) Bill
This is a Private Members’ Bill introduced by Karen Buck MP. It would amend the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation. For a copy of the Bill, click here It had its Second Reading on 16 October 2015 but was talked-out. It is again listed for a Second Reading, now scheduled for 11 March 2016. For details on the (unlikely) future progress of the Bill, click here For a lawyer’s commentary on its content, click here For the Shelter Blog on the Bill and its importance, click here For a commentary from Dr Stephen Battersby, click here For the House of Commons Library Briefing on the Bill, click here For the MP’s own perspective on her Bill being talked-out, click here For the response of the MP who talked-out the Bill, click here

Local Government Finance (Tenure Information) Bill
This is a Private Members’ Bill introduced by Dame Angela Watkinson MP. It would amend the Local Government Finance Act 1992 to make provision for collecting information about tenure and the details of private landlords. For a copy of the Bill, click here It had a First Reading on 24 June 2015 and its Second Reading is to be on a date yet to be announced. For details on the progress of the Bill, click here For the Briefing Paper prepared by the House of Commons Library, click here

Crown Tenancies Bill
This is a Private Members’ Bill introduced by Mark Pawsey MP but which now has UK Government support. It would provide that Crown tenancies (mainly of properties owned by Government Departments) may be assured tenancies for the purposes of the Housing Act 1988, subject to certain exceptions, and would modify the assured tenancies regime in relation to certain Crown tenancies (including by provision of a new ground for possession). It had a First Reading on 24 June 2015 and its Second Reading has been re-scheduled (again) for 4 March 2016. For a copy of the Bill, click here For the Explanatory Notes, click here For details on the progress of the Bill, click here For the House of Commons Library Briefing note that has been prepared for the Second Reading, click here

NEW HOUSING CASES

Leeds Federated Housing v Anita Kumar (Case No. BO4 LS250)
Leeds Federated Housing had obtained an injunction against the defendant which prohibited making noise, disturbing or harassing her neighbours. She breached the injunction on five occasions by pressing the intercoms of her neighbours, banging on doors and shouting, causing disturbance to her neighbours. HHJ Gosnell was not persuaded that in light of the Defendant’s drink problem, a positive de-tox requirement should be made because that had been tried by the Magistrates’ Court. The judge concluded that the stage had been reached where punishment was the appropriate sentence and ordered the defendant’s to four weeks imprisonment for each of the five sentences to be served concurrently. The judge emphasised that on completion of the sentence the injunction was still effective and that if the defendant breached it again on her release from prison she would be liable to a longer sentence. For the full judgment click here

Right to Buy Fraud
Slough Borough Council report that one of their tenants who purchased their council property under the right to buy scheme has been convicted on three counts of fraud. The tenant who had been claiming housing and council tax benefit since 2000 used savings of £36,000 to purchase the property. The Council launched an investigation and DWP investigated the tenant’s claim for pension credit which led to the fraud prosecution. The tenant pleaded guilty to three counts of fraud (the tenant’ had claimed total benefits and pension credit payments of over £65,000. The tenant was sentenced to 6 weeks imprisonment suspended for 12 months. Confiscation proceedings have been launched to seek to recover the sums paid. For the full report click here

Council Tax Fraud
The Royal Borough of Windsor & Maidenhead reports it has successfully prosecuted an Ascot resident who invented tenants and declared that he was living elsewhere in order to avoid paying thousands of pounds of council tax. The defendant pleaded guilty to seven counts of fraud and was sentenced to six months imprisonment for each offence to be served concurrently suspended for 12 months and 180 hours of unpaid work. He was also ordered to pay the costs of investigation and prosecution of over £5000 to be paid within 28 days. For the full report click here

Sign up here to ensure you receive your own copy of this invaluable free weekly update
HOUSING LAW CONSULTATIONS

Use of data in public sector organisations
The Cabinet Office has launched a consultation into the sharing and use of data in public sector organisations. One of the aims is stated as reduction “of the billions of pounds lost and cost to the taxpayer in preventing, detecting and dealing with fraud against the public sector.” For the Press Release click here For the consultation document and impact assessments click here The consultation closes on 22 April 2016

McKenzie Friends in the courts
The Judicial Executive Board (JEB) has issued a consultation paper proposing reforms to the existing guidance for 'McKenzie Friends', ie non-lawyers who offer assistance and in some cases seek to appear as advocates on behalf of litigants-in-person (LiPs) in civil cases. The JEB has invited comments from court users to be submitted by 19 May 2016. For the consultation paper, click here

HOUSING LAW ARTICLES

English Housing Survey – what does it tell us? Dr Stephen Battersby [2016] UK Housing Professionals Forum Blog 29 February. To read the article, click here

People trying to escape homelessness are scuppered at every turn Dawn Foster [2016] Guardian Housing Network 26 February. To read the article, click here

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2016] February issue of Legal Action magazine. Available in print and on-line for Legal Action subscribers. For the latest issue, click here For back-issues, click here

Number of people sleeping rough in England rises by almost a third in a year Amelia Gentleman [2016] Guardian 25 February. To read the article, click here

Land ahoy! Steve Hilditch [2016] Red Brick 25 February. To read the article, click here

More families are renting and fewer people expect to ever own a home Dawn Foster [2016] Guardian Housing Network 25 February. To read the article, click here

Is a mere roof enough? Giles Peaker [2016] Nearly Legal 24 February. To read the article, click here

Could supported housing survive a 68% loss of income? Helen Mathie [2016] Homelessness Link 24 February. To read the article, click here

THE HOUSING LAW DIARY

4 March 2016           
Adjourned Commons Second Reading of the Crown Tenancies Bill (see Housing Laws in the Pipeline above)

9 March 2016           
Report stage of the Immigration Bill (see Housing Laws in the Pipeline above)

11 March 2016
Adjourned Commons Second Reading of the Homes (Fit for Human Habitation) Bill (see Housing Laws in the Pipeline above)

RECRUITMENT

Royal Borough of Greenwich: Senior Contracts Lawyer
£42,030 - £44,766

Are you a Contracts Lawyer with local government experience and looking for variety and a challenge?

The job
The Royal Borough of Greenwich is offering a great opportunity for a highly motivated and enthusiastic Senior Contracts Lawyer to join a small team of lawyers within the Council with a portfolio of interesting high profile work. The role will involve a varied case load of contract and procurement matters and will provide legal advice and support to committees, members and senior officers.

The main work will include:

  • Managing one assistant lawyer, including providing professional direction and supervision, allocating work and monitoring standards of performance
  • Advising on, negotiating and drafting contracts
  • Advising on procurement procedures
  • Commenting on reports to Cabinet, Cabinet Members and Chief Officers
  • Negotiating with external lawyers
  • Dealing with miscellaneous enquiries on the interpretation of contracts and legislation and giving advice to staff in client departments
  • Liaising with managers in client departments, keeping them informed of the progress of matters and taking any other appropriate measures to ensure continued legal service delivery.
Benefits of working for Royal Borough of Greenwich:
  • 28 days annual leave, rising to 31 days annual leave after 5 years’ service.
  • Excellent pension scheme
  • Learning and development opportunities to maximise your potential
  • Annual season ticket loan
  • Cycle to Work Scheme
  • Childcare Vouchers
Closing Date: 11 March 2016

For further details, a job description and an application link click here

Royal Borough of Greenwich values the diversity of its community and aims to have a workforce that reflects this. We therefore encourage applications from all sections of the community.

 
 

Housing Solicitor Vacancy – Burke Niazi Solicitors, Islington

Burke Niazi Solicitors is seeking to recruit a housing solicitor to join their team at their North London office in Islington.

We have an established and respected Housing department and are seeking +3 years PQE housing solicitor who is already a LAA supervisor or meets the required standard. Other property experience is a distinct advantage.

Salary according to experience.

Apply with covering letter and CV to harrietkaiser@burkeniazi.com

Closing date:14th March 2016.

No agencies.

 
 

Royal Borough of Greenwich: Planning Lawyer Vacancy
£37,476 - £40,218

Are you a Planning Lawyer with local government experience and looking for variety and challenge?

The job
The Royal Borough of Greenwich is offering an excellent opportunity for a highly motivated and enthusiastic Planning Lawyer to join a small team of lawyers within the Council with a portfolio of interesting high profile work. The role will involve handling a varied caseload of planning, CIL, highways, and enforcement matters as well as compulsory purchase and regeneration projects, and will provide legal advice and support to committees, members and senior officers.

The main work will include:

  • Advising on, negotiating and drafting planning and highways agreements
  • Advising on breaches of planning permissions and dealing with enforcement action
  • Commenting on reports to planning and highways committees and advising at committees
  • Advising on compulsory purchase orders and drafting associated documentation
  • Dealing with miscellaneous enquiries on the interpretation of existing and proposed legislation, regulations and codes and giving advice to staff in client departments
  • Liaising with managers in client department, keeping them informed of the progress of matters and taking any other appropriate measures to ensure continued legal service delivery.
Benefits of working for us:
  • 28 days annual leave, rising to 31 days annual leave after 5 years’ service.
  • Excellent pension scheme
  • Learning and development opportunities to maximise your potential
  • Annual season ticket loan
  • Cycle to Work Scheme
  • Childcare Vouchers
Closing Date: 11 March 2016

For further details, a job description and an application link click here

Royal Borough of Greenwich values the diversity of its community and aims to have a workforce that reflects this. We therefore encourage applications from all sections of the community.

 
 

Principal Housing Solicitor Vacancy - Brixton Advice Centre
Full-time position.
Salary up to £40,000 p.a.

Brixton Advice Centre seek a full-time Housing Solicitor to lead our experienced and dedicated Housing Team. This will be an external appointment. Although the post is full-time we may consider part-time (3 days per week minimum) depending upon the quality of the applicant.

Closing date: 31 March 2016 (5 pm)

For further details click here

For an applicant specification click here

For the job description click here

 
 

Housing /Civil Solicitor Vacancy
Mayflowers Solicitors

Mayflowers Solicitors are looking for a self-motivated Housing/Civil solicitor (0 - 5 years PQE) interested in taking on a lead role in the challenge of building a sustainable legal practice with us. You should have a working knowledge and experience of Housing Law.
Ideally, you should be able to demonstrate experience of general Civil Work, in particular, Litigation. There is the possibility for future progression in alternative practice areas, including Employment law and Commercial law.

Closing Date: Friday 4 March 2016

Further details click here

 
 
 

Housing Law Caseworker Vacancy

Sternberg Reed is a well established Lexcel Accredited law firm with offices in Essex and London A vacancy has arisen for a Caseworker to join our Housing Law Department to support and assist the fee earners in the preparation and conduct of cases. The role will include undertaking administrative tasks.

This position will be based in our Barking office but the successful candidate may be expected to work from any of our other offices as and when required

The job would offer excellent experience of working in a busy legal practice for a Paralegal or Law Graduate who has passed the LPC and has a keen interest in making a career in this area of law.

The successful candidate will have the following attributes:

  • Previous experience of working in Housing Law
  • Solid IT, drafting and research skills
  • Excellent communication & presentation skills - over the telephone and in person
  • Good time management
  • Ability to handle an extensive and varied workload
  • Ability to work under pressure and to tight deadlines

Please apply to: julie.young@sternberg-reed.co.uk with your CV and a covering letter stating why you are interested in this role and how your experience and skills match the requirements for this role.

We are an Equal Opportunities Employer

Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9BY